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Patna High CourtCR. MISC./18239/2023allowed

Pintu Chaudhary @ Mantu Kumar v. The State Of Bihar

2023-05-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18239 of 2023 Arising Out of PS. Case No.-394 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Pintu Chaudhary @ Mantu Kumar, S/o- Suresh Chadhari R/O VillageChakpar (Tungi Chak), P.S- Hisua, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Birendra Kumar For the Opposite Party :

Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act & under Section 414 of the Indian Penal Code.

Prosecution case relates to recovery of total 260 litres country made liquor from two different vehicles and the petitioner is said to be fled away from the place of occurrence. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The name of the petitioner came into light in this case on the basis of disclosure made by local Chowkidar and spy. Petitioner has no

Patna High Court CR. MISC. No.18239 of 2023(2) dt.10-05-2023 2/2 concern either with the alleged recovery of illicit liquor vehicles in question. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 25.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Wazirganj P.S. Case No. 394 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge- Ist, Gaya.

(Sunil Kumar Panwar, J) Aman/Gaurav U T